Nazia Hoque

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to a non-earner benefit (NEB), chiropractic services, an occupational therapy assessment, and a special award for unreasonable delay.

The Tribunal found that the applicant's accident-related chronic pain and exacerbation of pre-existing Post Polio Syndrome continuously prevented him from engaging in substantially all of his pre-accident activities, entitling him to an NEB for 104 weeks.

The Tribunal also approved the treatment plans for chiropractic services and an occupational therapy assessment, preferring the evidence of the applicant's experts who considered the functional limitations caused by his pain.

The claim for a special award was dismissed as the insurer's reliance on its independent medical examinations was not unreasonable.